Several lobbyists, tech companies (including Amazon and Apple) and media organizations have expressed their solidarity with Microsoft, backing the company in the customer data privacy case.
On Monday, Dec. 15, companies that included lobbyists, news organizations such as CNN, the Guardian, Fox News and Forbes and business organizations such as the U.S. Chamber of Commerce and the National Association of Manufacturers, filed "friend of the court" briefs that support Microsoft's argument in the "Microsoft v. U.S., 2nd U.S. Circuit Court of Appeals" case.
Per Microsoft's argument, the U.S. government could not issue search warrants to access data of a customer that was stored in a different country.
The high number of "friend of the court" briefs filed with the appeals court in New York reflects the fact that in the digital age, the current privacy issue is of remarkable significance in the U.S.
"We believe that when one government wants to obtain email that is stored in another country, it needs to do so in a manner that respects existing domestic and international laws. In contrast, the U.S. Government's unilateral use of a search warrant to reach email in another country puts both fundamental privacy rights and cordial international relations at risk. And as today's briefs demonstrate, the impacts of this step are far-reaching," noted Brad Smith, Microsoft's General Counsel and EVP, Legal and Corporate Affairs, in a blog post.
Tech companies such as Amazon, Apple, AT&T, Cisco, eBay, HP, Salesforce, Verizon and more filed briefs supporting Microsoft's stance. The 10 briefs were signed by 35 computer scientists, 23 trade associations and advocacy groups and 28 tech and media companies.
The briefs urge the appeals court to reverse Judge Loretta Preska's decision that was given in July, according to which Microsoft has to hand over emails of a customer from its data center in Ireland. Preska is chief judge of the United States District Court for the Southern District of New York. The appeal contends that turning over this data may be instrumental in endangering the future of cloud computing at an international level.
Since 2013, Microsoft has been fighting the warrant and is of the opinion that by demanding data stored overseas sans the intervention of the concerned local authorities, prosecutors in the U.S. were being unreasonable. However, the prosecutors argue that the demand is not in violation of Irish authority as the control of the concerned data/emails lies with Microsoft's employees in the U.S. This data can easily be retrieved and does not require the prosecution to visit Ireland.
The identity of the person whose emails are required is not known, but it has been revealed that the details are required in connection with a drug investigation.
The federal appeals court is expected to give a ruling in a few months from now.
